Kleinberg & Lerner Secures Trial Victory

Diaz v. Prada, United States District Court, Central District of California  Western Division, Case No. 10-4690-JHN (JCx)

K & L represented Dora M. Diaz (“Diaz”) of Los Angeles-based Virtual Sensuality in her trademark infringement lawsuit against Marlene Prada Bautista (“Prada”) of Fájate Diseńos DPrada of Medellin, Colombia and two of her U.S. distributors.

Diaz is an apparel retailer who owns the trademark FAJATE. She sued Prada who manufactured apparel using the trademark FÁJATE in Medellin, Colombia and sold it to Prada’s U.S. distributors. The complaint alleged federal trademark infringement and unfair competition. Prada countersued claiming that Prada was the rightful owner of the FÁJATE trademark in the U.S. and that Diaz had no ownership or rights in the FAJATE trademark in the U.S. After a full trial on the merits, the jury rendered a verdict holding that Diaz is the exclusive owner of all rights in the FAJATE trademark in the U.S. and awarding her $1,053,000.